Court strikes down 'Recess Appointment' scheme by Obama

Editor’s Note – As SUA, along with a large amount of other internet sites have been reporting, this Administration has been routinely circumventing the Constitution in so many ways. From Executive Orders, to Signing Statements, selective enforcement of the law, illicit self-proclaimed ‘recess appointments’, and ramming legislation by employing nefarious methods in the Senate and House, the Obama team has constantly run rampant over the will of the people. There hasn’t even been a budget in four years.

Now, finally, the courts have weighed in and declared unanimously that at least one of these end-runs was in fact unconstitutional. Early responses from the administration indicate they are willing to fight all the way to the Supreme Court. This is a legal move of course, but it just goes to show the arrogance of this administration. They lost one, very badly, unanimously,  yet they are going to spend all that time and effort to continue the fight. Why, because they don’t care how they get their way, they will say and do anything.

Unfortunately, the most egregious transgression, PPACA, or ObamaCare was declared ‘valid’ by SCOTUS. A fight not yet over we hope.

This will not be the last loss this administration will endure however as more cases move forward, but the damage has already been done – people and businesses have lost greatly. How do they get their value and names back from the abyss created by appointing people to posts who made gross errors in decisions regarding labor and business?

In its individual circumstance it may seem trivial, but in totality, all these end-runs have amassed a great deal of harm to the people. It is likely getting very busy at Boeing’s law offices now – a likely law suit could cost the tax payers a great deal, so its a double whammy – all from an illegal move through ideologically driven chicanery as practiced by the most anti-constitutional characters ever.

Get ready folks, more is sure to come.

Obama recess appointments unconstitutional, court

By Stephen Dinan – The Washington Times

In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling he abused his powers and acted when the Senate was not actually in a recess.

The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments Mr. Obama made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.

But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intrasession” appointments — those made when Congress has left town for a few days or weeks.

The judges signaled the power only applies after Congress has adjourned sine die, which is a legislative term of art that signals the end to a long work period. In modern times, it means the president could only use his powers when Congress quits business at the end of a year.

“The dearth of intrasession appointments in the years and decades following the ratification of the Constitution speaks far more impressively than the history of recent presidential exercise of a supposed power to make such appointments,” the judges wrote.

“Recent presidents are doing no more than interpreting the Constitution. While we recognize that all branches of government must of necessity exercise their understanding of the Constitution in order to perform their duties faithfully thereto, ultimately it is our role to discern the authoritative meaning of the supreme law.”

The case is likely to end up before the Supreme Court, and it turns on the definition of what the Constitution means when it says “recess.”

Last January Mr. Obama named union lawyer Richard Griffin and Labor Department official Sharon Block, both Democrats, and a Republican, NLRB lawyer Terence Flynn, to the labor board using his recess powers. He also named Richard Cordray to head the new Consumer Financial Protection Bureau, using those same powers.

Noel Canning, a bottling company, sued the NLRB, arguing that a rule issued by the new board was illegal since the recess appointments were unconstitutional. Senate Republicans, led by Minority Leader Mitch McConnell, joined in the suit.

The appeals court panel, which sits in Washington, D.C., was skeptical of Mr. Obama’s case during oral argument in early December, with Chief Judge David B. Sentelle and Judge Thomas B. Griffith peppering the administration lawyers with questions.

The Constitution gives the president the power to nominate judges and executive branch officials, but the Senate must vote to confirm them before they take office. Article II, Section 2 of the Constitution grants the president powers “to fill up all vacancies that may happen during the recess of the Senate.”

Those powers have produced centuries of give-and-take, with senators regularly slow-walking nominees and the White House looking for ways to get its way — including the recess appointment.

Mr. Obama’s move, though, appeared to break new ground by acting at a time when the Senate was meeting every third day, specifically to deny him the chance to make appointments.

The problem is the word “recess” has several meanings in legislative-speak. It can mean a short break during the day, it can mean a break of days or weeks for a holiday, or it can mean the end of a yearly session.

The president argued that even though the Senate was convening every three days, the pro forma sessions didn’t allow any business, and nearly every senator was absent from the chamber, signaling that the Senate wasn’t able to perform its confirmation duties and should be considered essentially in recess.

His opponents had warned that if Mr. Obama’s stance prevailed, then presidents could make appointments when the Senate takes its recess for weekly party caucus lunches.

The judges on Friday ruled that the only clear bright line is when the Senate recesses at the end of the year.

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Silence, the sound of Liberty dying

By Suzanne Sharer

How can it be possible that the United States of America, the most powerful and benevolent nation in the world, comes to a moment in time where 77% of its citizenry think that their country is heading in the wrong direction? This is a staggering percentage and yet those are the numbers that a recentABC/Washington Post poll published as of September 6th. Now, in my mind, this begs a question; how in the world did we get to the point where over three quarters of Americans are saying that something is seriously wrong with the course that has been set forth by our leaders? If truth be told, most Americans are not feeling very optimistic that this will change anytime soon, if at all!

For too many years, Americans have been busy minding their own business. They have been living their lives and raising their families investing only blind faith in the belief that our elected leaders would always work with our country’s best interest at heart. Most thinking that our political system was failure proof. Sadly, we were just too busy to be bothered with our duty as citizens to stay vigilant.

People who study America’s enemies know that the communist regimes throughout the world have boasted for decades that America would eventually fall without a single shot fired. The fall would come from within as an agenda was silently being allowed to play out; subverting our way of life little by little as people failed to pay attention until one day we wake up to an America we don’t recognize any more. That day is now as 77% of our citizens are finally admitting something is very wrong! It is shameful that all the warnings were not heeded sooner. Mountains of proof were presented to the American people, showing openly who Obama is and who these people are that are support him. We have handed America over to people that hate us, the USA, and everything that makes her stand above all others! Is it any wonder we are going in the wrong direction?

One of the most troubling trends that helped get us here today is that even the people who have seen what is happening, have chosen not to speak out. This is because they have been conditioned to remain silent for fear of being labeled a conspiracy theorist, racist, or intolerant.

But wait! Since when is it wrong or anti-American to speak out? Don’t we tout freedom of speech in America? Well, apparently in today’s America, it is not ok, and having an opposing point of view is something to keep silent about. This is becoming accepted through one of the more heinous atrocities ever to creep into the political and social fabric of our country, political correctness.

Never has there been anything more offensive to free speech than the indoctrination of this subversive manipulation of our rights to speak and think freely. Even being Pro-American is considered in bad taste. Obama and his handlers have made this an art form, effectively silencing the American people. They knew that they could push this agenda easily, because this was after-all, the election of our first Black President.

While this pervasive indoctrination has been working quite well, but thankfully, it has also served to open the eyes of the many previously blind to such machinations, and just how damaging this technique has wrought harm upon us all.

It is a misconception that our elected officials are not doing any harm, because their words are so charming, but I beg to differ. Our leaders have been very busy. They have been quietly, yet steadily, eroding our rights and Constitution by replacing the rule of law through regulations, Executive Orders, and Judicial diktat, all, right under our noses.

Our Presidents over the years have signed thousands of such documents that side step Congress. In fact, there are so many instances that we barely blink an eye when we hear of one more. Why though, are they totally ignored in most cases? I realize they are always signed without fanfare of announcement but we need to be more vigilant! One such egregious movement in this vein is perhaps the biggest example.

We are letting one of the most dangerous of decrees; the Soros sponsoredAgenda 21 to remain in the shadows. This is something that every citizen needs to be made aware of as its main goal is to change the very core of our country (as in heading in the wrong direction!)

Back in 1992 President George H.W. Bush along with 177 world leaders agreed to support a UN backed global plan for “Sustainable Development”. Then in 1995, President Clinton signed Executive order (EO) #12858 creating a Presidential Council on Sustainable Development. In effect, this inserted the UN plan into America’s political system without the need for any evaluation or discussion by Congress, let alone the American people. Sadly few know of this agenda, one that plans to impose Social Justice or Socialism on us, and the rest of the world. It seems for many people it is still just too hard to believe this could happen. It is hidden away in the silence of secrecy, yet, it is not a secret!

As of August 21st 2011 President Obama has signed ninety four Executive orders. He has signed more of these proclamations in his 2 ½ years in office than any other President has within the same time frame. Including EO 13575 which set up the “Rural Council” a huge victory for Agenda 21 yet barely anybody took notice. No wonder it emboldened him to sign an order for a backdoor amnesty plan. Obama’s direction is now clear; if he cannot get it through Congress (the people), he will pass it by decree. We the People seem to have lost our voices. I would say more than 77% are correct to think this ‘ship of state’ is heading in the wrong direction!

Suzanne Sharer is the new Associate Editor at Stand Up America.